Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO. 62 OF 2013
LAZER Petitioner(s)
:VERSUS:
STATE OF TAMIL NADU Respondent(s)
O R D E R
Heard Mr. Dwarakanath, learned counsel
appearing for the petitioner and Mr. Subramonium
Prasad, learned counsel for the State of Tamil Nadu.
This petition under Article 32 of the Constitution
JUDGMENT
of India has been filed for release of the
petitioner from jail on the ground that the
petitioner has been inside jail for more than 26
years in view of his conviction under Section 302 of
the Indian Penal Code and other charges. He has
relied upon an order passed by a Bench of this Court
in Writ Petition (Criminal) No. 38 of 2011(Harpal
Singh Vs. State of Haryana & Anr.), to which one of
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us (H.L. Gokhale, J) was a party. That was also a
writ petition wherein the petitioner had undergone
imprisonment for more than 20 years. We may,
however, note that the condition of his health was
placed before the Court and the State Government did
not dispute the correctness of the certificates
produced by him and it was in these circumstances
that an order of release was passed.
2. Now, the law in this behalf has been
clarified and the sentence for life is interpreted
to mean sentence for the whole life of the convict
concerned. The power, of course, remains with the
State Government to remit the sentence as per rules
if such an application is made to the State
Government.
JUDGMENT
3. Mr. Subramonium Prasad, learned counsel for
the State of Tamil Nadu states that there are many
other difficulties as far as the petitioner is
concerned, inasmuch as he did not return to the jail
on six occasions when he was released on parole and
also indulged into criminal activities when on
parole. Be that as it may, it will be open to the
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petitioner to apply to the appropriate Government
under Section 432 of the Code of Criminal Procedure
and then it is for the State Government to consider
the application in accordance with law. Mr. Prasad
assures us that if such an application is made, it
will be considered and decided expeditiously.
The writ petition stands disposed of.
.........................J
(H.L. GOKHALE)
..........................J
(MADAN B. LOKUR)
New Delhi;
July 15, 2013.
JUDGMENT
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